Legal Opinion
Guerra v. McBean
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 2015No. 14787N 308845/12PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered on or about July 15, 2014, which denied defendants’ motion to compel plaintiffs to appear for further orthopedic examinations, unanimously affirmed, without costs.
Defendants failed to establish that plaintiffs’ representative’s presence at their physical examinations deprived defendants of the ability to conduct meaningful examinations (see CPLR 3121 [a]; Tucker v Bay Shore Stor. Warehouse, Inc., 69 AD3d 609, 609-610 [2d Dept 2010]; cf. Orsos v Hudson Tr. Corp., 95 AD3d 526 [1st Dept 2012] [court directed a second IME of…
2Cases cited5 opinions
- Jakubowski v. LengenAppellate Division of the Supreme Court of the State of New York · 1982
- Bravo v. VargasAppellate Division of the Supreme Court of the State of New York · 2014
- Chaudhary v. GoldAppellate Division of the Supreme Court of the State of New York · 2011
- Tucker v. Bay Shore Storage Warehouse, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Orsos v. Hudson Transit Corp.Appellate Division of the Supreme Court of the State of New York · 2012
3Cited by5 opinions
- Henderson v. RossAppellate Division of the Supreme Court of the State of New York · 2017
- Santana v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2017
- Gonzalez v. Red Hook Container Term., LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Domingo v. 541 Operating Corp.Appellate Division of the Supreme Court of the State of New York · 2023
- Markel v. Pure Power Boot Camp, Inc.Appellate Division of the Supreme Court of the State of New York · 2019